The words defined in this Section shall have the meanings set forth below whenever they appear in this Subtitle unless the context in which they are used clearly requires a different meaning or a different definition is prescribed for a particular provision. African American Business Enterprise ("AABE") means any business enterprise: Which is at least fifty-one percent (51%) owned by one or more African Americans, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more African Americans; and Whose general management and daily business affairs and essential productive operations are controlled by one or more African Americans; and Which has been certified by the Supplier Development and Diversity Division as a minority business enterprise pursuant to Division 6 of this Subtitle. Agency means any department, agency, board, commission, or any other unit of the County government or any agency which: Receives funding from County funds; or Is made subject to County procurement law by any local, State, or Federal law. Asian-American and Pacific Islander Business Enterprise ("AAPIBE") means any business enterprise: Which is at least fifty-one percent (51%) owned by one or more Asian-Pacific Americans or Subcontinent Asian Americans (hereinafter "Asian-American and Pacific Islander Americans"), or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more Asian-American and Pacific Islander Americans; and Whose general management and daily business affairs and essential productive operations are controlled by one or more Asian-American and Pacific Islander Americans; and Which has been certified by the Supplier Development and Diversity Division as a minority business enterprise pursuant to Division 6 of this Subtitle. Award means the decision by the Purchasing Agent or the Purchasing Agent's designee to execute a purchase agreement or contract after all necessary approvals have been obtained, including final approval and signature by the authorized signatory for the County. Best value means the basis for awarding contracts which optimizes weighted factors such as quality, cost, diversity, and performance, among responsive and responsible offerors. Such basis shall reflect, whenever possible, objective and quantifiable analysis and "best value" criteria shall be prescribed and predetermined in the Request for Proposals. Broker means generally a person or business entity that operates predominantly as a middle man and sells goods and services on a pass-through basis, as set forth in the regulations. Business means any association, corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity through which business is conducted. Certified County-based business participation means the percentage of the total contract dollars paid to businesses certified as County-based businesses. Certified County-based minority business enterprise participation means the percentage of total contract dollars paid to County-based businesses certified as minority business enterprises by the Supplier Development and Diversity Division. Certified County-based small business participation means the percentage of total contract dollars paid to businesses certified as County-based small businesses. Certified County-located business participation means the percentage of total contract dollars paid to businesses certified as County-located businesses. Certified minority business enterprise participation means the percentage of total contract dollars paid to businesses certified as minority business enterprises by the Supplier Development and Diversity Division. Certified sheltered workshop means an agency that is: Organized under the laws of the United States or the State of Maryland; Certified as a sheltered workshop by the Wage and Hour Division of the United States Department of Labor; Accredited by the Division of Vocational Rehabilitation of the Maryland Department of Education; Operated in the interest of individuals who have a mental or physical disability, including blindness, that constitutes a substantial handicap to employment and prevents the individual from engaging in normal competitive employment; and The net income of which does not inure wholly or partially to the benefit of any shareholder or other non-disabled individual. Change order means a written order signed by the Purchasing Agent or the Purchasing Agent's designee, directing the contractor to make changes which the Changes Clause of the contract authorizes the Purchasing Agent to order without the consent of the contractor. Commercial product means an item that is customarily used by the public or by non-governmental entities for purposes other than governmental and is offered for sale in the commercial marketplace. Commercial service means a service of a type offered for sale, used by the public or by non-governmental entities. Commercially Available Off-the-Shelf (COTS) item means a commercial product sold in substantial quantities in the commercial marketplace and offered to the County without modification in the form in which it is sold in the marketplace. Commission means the Minority Business Opportunities Commission. Commodity means any equipment, materials, or supplies. It does not include services, including, but not limited to, construction and professional services. Conditional suspension means an administrative action by the Purchasing Agent disqualifying a person for reasons of unsatisfactory performance or default on County contracts from either bidding or submitting proposals on County contracts, acting as a supplier of goods or services on procurement, or acting as a subcontractor on a County contract until the disqualified person: Complies with specified conditions; Corrects specified defects affecting performance or ability to perform; or Takes action to cure the conditions leading to the conditional suspension. Construction means the process of building, altering, or improving any public road, bridge, structure, building, or other public improvements of any kind to any public real property. It does not include the routine operation, repair, or maintenance of existing structures or buildings. Construction management services means services performed by a person who is experienced in construction and has the ability to evaluate and to implement plans and specifications as they affect time, cost, and quality of construction and the ability to coordinate the design and construction of a project, including the administration of change orders. Contract means any written agreement or order for the purchase or disposal of supplies, services, construction, insurance, or any other item. It includes, but is not limited to, contracts of a fixed price, cost reimbursement, cost plus a fixed fee, or incentive type; contracts providing for the issuance of job or task orders; grants; leases; letter contracts; and purchase orders. It also includes supplemental agreements with respect to any of the foregoing. Contract Compliance Unit refers to the unit within the Office of Central Service that is responsible for monitoring the contracting activity of all agencies that procure goods and services through the Office of Central Services. Contract modification means any written alteration in the specifications, delivery point, rate of delivery, contract period, price, quantity, or other contract provisions of any existing contract, whether accomplished by unilateral action in accordance with a contract provision or by mutual action of the parties to the contract. It includes bilateral actions, such as supplemental agreements, and unilateral actions, such as change orders, administrative changes, notices of termination, and notices of the exercise of a contract option. Contractor means any business or person having a written contract with the County. County-based business means a business whose principal place of operation is located within Prince George's County, that meets the requirements of Section 10A-163(a), and whose application for certification as a County-based business is approved by the Purchasing Agent. Principal place of operation shall be determined by factors as set forth in the regulations. County-based small businesses and County-based minority business enterprises are County-based businesses in accordance with Section 10A-163 of this Subtitle. County-based business preference means a business preference given to a bid or proposal pursuant to Section 10A-160. County-based minority business enterprise means a business that is both: a minority business enterprise as certified by the Supplier Development and Diversity Division; and a County-based business in accordance with Section 10A-163 of this Subtitle. County-based small business means a business that: meets the requirements of Section 10A-163(b) of this Subtitle and whose application for certification as a County-based small business is approved by the Purchasing Agent; or is a County-based minority business enterprise that meets the requirements of Section 10A-163(g) of this Subtitle. County-located business means a business, subject to certification by the Prince George's County Office of Procurement in accordance with Section 10A-174, that; has a County Office, but is not a County-based business; and either: has at least five (5) employees or independent contractors in the County Office for the full duration of the County Office's lease; or has at least three (3) employees or independent contractors, with at least two (2) of the employees or independent contractors being County Residents, for the full duration of the County Office's lease. County or the County means Prince George's County, Maryland. County agency means any department, office, division, administrative unit, or agency of the Prince George's County government or any other entity created or authorized to be created, whether expressed or implied, by the Charter or the Code, including any council, board, bureau, commission, institution, tribunal, government corporation, public authority, or other instrumentality thereof or thereunder. County funds means any monies received by the County or appropriated or approved by the Council or to which the County may at any time have legal or equitable title. County Office means a place of operation of a business which is physically located within the County as evidenced by proof of ownership interest or a lease in which the business is obligated for at least one (1) year. County resident means a citizen or legal resident whose primary residence and domicile is within Prince George's County, MD. The County Executive, the County Executive's designee, and the Purchasing Agent are authorized to verify a person's County residency status pursuant to this definition in relation to Division 7 of this Subtitle. Debarment means the action whereby a prospective bidder or offeror or contractor is barred from participating in County procurement-related activities for a specified period of time pursuant to the requirements of this Subtitle. Designee means a duly authorized representative of a person holding a specified position. Such authorization shall be in writing. Disadvantaged business means a for-profit small business concern: (A) that is at least 51 percent owned by one or more individuals who are both socially and economically disadvantaged or, in the case of a corporation, in which 51 percent of the stock is owned by one or more such individuals; and (B) whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. Domicile means the place of a person's true, fixed, permanent home, without any present intention of completely abandoning that home, and to which the person has the intention of returning whenever absent. Domicile does not include a temporary dwelling unless there is a present intention to abandon permanently or indefinitely the former domicile. Emergency shall mean a situation resulting from unexpected or unanticipated events which requires immediate action to maintain or restore existing levels of essential public services; to preserve or prevent further deterioration of public property; to provide temporary food, clothing, or shelter to disaster victims; or to prevent damage to property or preserve life or safety. This includes an occurrence or condition that creates an immediate and serious need for services that cannot be met through normal procurement methods and are required to avoid or mitigate serious damage to public health, safety, or welfare. Employee means any classified or exempt service employee of the County and any County elected official. Established catalog or market price means the price included in the most current catalog, price list, schedule, or other form that: Is regularly maintained by the manufacturer or vendor of an item; Is either published or otherwise available for inspection by customers; and States prices at which sales are currently or were last made to a significant number of buyers constituting the general buying public for that time; or States discounted prices at which sales are currently or were last made to local, state, or Federal agencies. Reserved. Executive Director means the Executive Director of the Supplier Development and Diversity Division of the Office of Procurement. Improper conduct includes, by way of example and not limitation, intentional billing irregularities, allocating costs from firm fixed-price contracts to cost-reimbursement contracts, submitting false claims, causing competition to be restrained or limited, misrepresentation, involving falsely claiming to be a minority business enterprise, indictment for any of the above causes, or indictment for offenses specified in Division 6, Subdivision 8, when the indictment is the result of alleged misconduct in connection with a County bid, proposal, or contract. Invitation for Bids means all documents, whether attached or incorporated by reference, utilized for soliciting bids in accordance with the procedures set forth in Section 10A-112 of this Subtitle. Labor organization means an organization, as defined under federal labor law, 29 U.S.C. § 152(5), which represents employees in the construction trades for purposes of collective bargaining and has the present ability to refer and supply trained, qualified construction craft personnel in sufficient numbers to adequately staff construction projects. Latino Business Enterprise ("LBE") means any business enterprise: Which is at least fifty-one percent (51%) owned by one or more Hispanic Americans, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more Hispanic Americans; and Whose general management and daily business affairs and essential productive operations are controlled by one or more Hispanic Americans; and Which has been certified by the Supplier Development and Diversity Division as a minority business enterprise pursuant to Division 6 of this Subtitle. Letter contract means the written preliminary contractual document that authorizes the contractor to begin a portion of the agreed-upon services immediately. A letter contract is always associated with a definitive contract and can never be the sole document used to complete a procurement. Locally-owned and Operated Business means any County-based business: Which is at least fifty-one percent (51%) owned by one or more County residents, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more County residents; and Whose general management and daily business affairs and essential productive operations are controlled by one or more County residents; and Which has been certified by the Supplier Development and Diversity Division as a County-based business, County-based small business, and/or County-based minority business enterprise pursuant to Division 7 of this Subtitle. Maryland-based business means a business whose principal place of operation is located within the State of Maryland. Principal place of operation shall be determined by factors as set forth in the regulations. Micro-purchase threshold means the maximum dollar amount, as established by the Purchasing Agent through regulation, at or below which a procurement, currently set at five thousand dollars ($5,000) may be conducted with minimal formalities. This includes purchases through the County's purchase card program. Minority business enterprise means any business enterprise: Which is at least fifty-one percent (51%) owned by one or more minority individuals, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more minority individuals; and Whose general management and daily business affairs and essential productive operations are controlled by one or more minority individuals; and Which has been certified by the Supplier Development and Diversity Division as a Minority Business Enterprise pursuant to Division 6 of this Subtitle. Minority individuals are those who have been subjected to prejudice or cultural bias because of their identity as a member of a group in terms of race, color, ethnic origin, or gender, without regard to their individual capabilities. Minority individuals are limited to members of the following groups: African Americans (Black Americans), which includes persons having origins in any of the Black racial groups of Africa; Asian-Pacific Americans, which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kiribati, Tuvalu, Nauru, Federated States of Micronesia, or Hong Kong; Subcontinent Asian Americans, which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka; Hispanic Americans, which includes persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; Native Americans, which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; Females, regardless of race, ethnicity or origin; and Veterans and Service Disabled Veterans. Native American Business Enterprise ("NABE") means any business enterprise: Which is at least fifty-one percent (51%) owned by one or more Native Americans, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more Native Americans; and Whose general management and daily business affairs and essential productive operations are controlled by one or more Native Americans; and Which has been certified by the Supplier Development and Diversity Division as a minority business enterprise pursuant to Division 6 of this Subtitle. Negotiation means contracting by any of the methods set forth in Sections 10A-113, 10A-114, and 10A-115. Non-developmental item means an item that is already developed, at private expense, that is or has been offered for sale, or otherwise has been sold, used, or maintained by non-governmental entities. Open market means an unrestricted competitive market in which any buyer and seller is free to participate, which shall include, but not limited to, direct relationship purposes. Participation Agreement means an agreement entered by the County and a developer pursuant to Section 10A-141 of this Subtitle wherein the County contributes funds for the construction of regional stormwater management facilities or road improvements to be constructed by or contracted by the developer. Performance-Based Contracting means utilizing objective criteria or measurements, as determined by the Purchasing Agent, for determining whether a contractor is adequately performing the requirements and specifications of the contract, in accordance with the authority granted to the Purchasing Agent under 10A-103 of this Subtitle. Procure means to buy, rent, lease, lease-purchase, or otherwise obtain any supplies, services, or construction. Procurement (or a procurement) is the noun form of this term. It includes all functions that pertain to the obtaining of any public procurement, including description of requirements, selection and solicitation of sources, and preparation, award and execution of contract. The term does not include the making of any grant or donation. Reserved. Procurement Officer means any person authorized by the Director of the Office of Procurement, as Purchasing Agent, in accordance with procedures prescribed by regulations, to enter into and administer contracts and make determinations and findings with respect thereto. The term shall also include individuals subordinate to the Purchasing Agent acting within the limits of their delegated procurement authority. This authority shall be designated in writing by the County's Director of Procurement, in his/her capacity as Purchasing Agent, for such period of time as shall be stated in the written designation. Project Labor Agreement means a pre-hire collective bargaining agreement with labor organizations that includes the minimum contract terms and conditions of employment for a construction project in excess of One Million Dollars ($1,000,000). Proposal Analysis Group (PAG) is an issue specific group which is responsible for defining requirements evaluating responses and recommending the highest evaluated proposers to the Director of the Office of Procurement, as Purchasing Agent. Public benefit means contracts, grants, conditional loans, tax abatements, land transfers for public redevelopment, or tax increment financing from a County agency or the County government. This definition also includes grants or conditional loans from a third party that receives more than 50% of its annual budget in the most recent fiscal year from funds received from or administered by a County agency or the County government and indirect grants or conditional loans from a County agency or the County government that are facilitated by a third party. This definition does not include funds from the Community Development Block Grant ("CDBG") program or tax credits awarded under Subtitle 10 of the Code. The application of this definition is subject to the restrictions of federal and state law. Purchase request means that mechanism whereby an agency requests that a contract be obtained for a specified need, and may include, but is not limited to, the technical description of the requested item, delivery schedule, transportation, criteria for evaluation of solicitation, suggested sources of supply, and information supplied for the making of any determination and finding required pursuant to any applicable provision of this Subtitle. Purchased item means any supply, service, printing, insurance policy or coverage, construction, or any other item purchased by this County. Purchasing Agent means the Director of the Office of Procurement. Quotation means a written or electronic offer by a vendor to furnish goods, services, or construction under specified terms. Request for Proposals means all documents, whether attached or incorporated by reference, utilized for soliciting proposals in accordance with the procedures set forth in Section 10A-113 of this Subtitle. Responsible bidder or offeror means a person who has the capability in all respects to perform fully the contract requirements and the integrity and reliability which will assure good-faith performance. Responsive bidder or offeror means one who has submitted a bid or proposal which conforms in all material respects to the solicitation and complies with the applicable provisions of Division 7 of this Subtitle. Reserved. Sheltered market program means a program under which certain contracts are designated by the County Purchasing Agent for procurement from one or more classes of vendors. Simplified Procurement Procedures means streamlined methods of procurement established by the Purchasing Agent for the purchasing of commercial supplies, services, or construction. These procedures may include the use of purchase orders, written or oral quotations, blanket purchase agreements, purchasing cards, and other methods authorized by the Purchasing Agent. Small business concern means a small business concern as defined pursuant to Section 3 of the Small Business Act and United States Small Business Administration regulations implementing it at 13 CFR Part 12.1, that also does not exceed the cap on average annual gross receipts specified in United States Department of Transportation Regulations 49 at CFR 26.65(b). Small Purchase means procurement of goods, services, or construction not exceeding the threshold established by the Purchasing Agent pursuant to regulation. Socially and economically disadvantaged individual means any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who is— Any individual who the Purchasing Agent finds to be a socially and economically disadvantaged individual on a case-by-case basis. Any individual in the following groups, members of which are rebuttably presumed to be socially and economically disadvantaged: "Black Americans," which includes persons having origins in any of the Black racial groups of Africa; "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; "Native Americans," which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; "Asian-Pacific Americans," which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kiribati, Tuvalu, Nauru, Federated States of Micronesia, or Hong Kong; "Subcontinent Asian Americans," which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka; Women; Any additional groups whose members are designated as socially and economically disadvantaged by the United States Small Business Administration, at such time as the United States Small Business Administration designation becomes effective. Solicitation means any request of the County to enter into a contract. Supplemental agreement means any contract modification which is accomplished by the mutual action of the parties. Supplier Development and Diversity Division means the Supplier Development and Diversity Division of the Office of Procurement or its designee as determined by the Purchasing Agent. Supplies means all tangible and intellectual property except real property or any interest in real property. Unsatisfactory performance means establishing a record of poor performance or default on one or more contracts for construction, services, supplies, architectural and engineering services, construction-related services, or maintenance, including, but not limited to, overshipments, undershipments, providing damaged or defective goods, making unauthorized substitutions, billing errors, or service deficiencies. The term includes intentional failure, without good cause, to perform in accordance with the specifications or time limits provided in a contract, or a record of failure to perform, or of poor performance in accordance with the terms of one or more contracts, unless the failure to perform or the poor performance was caused by acts beyond the control of the person. Using agency means any County agency which utilizes any supplies, services, or construction procured under this Subtitle. Veteran Business Enterprise ("VBE") means any business enterprise: Which is at least fifty-one percent (51%) owned by one or more Americans who are Veterans and/or Service Disabled Veterans, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more Veterans and/or Service Disabled Veterans; and Whose general management and daily business affairs and essential productive operations are controlled by one or more Veterans and/or Service Disabled Veterans; and Which has been certified by the Supplier Development and Diversity Division as a minority business enterprise pursuant to Division 6 of this Subtitle. Women's Business Enterprise ("WBE") means any business enterprise: Which is at least fifty-one percent (51%) owned by one or more Female Americans, or, in the case of any publicly-owned corporation, at least fifty-one percent (51%) of the stock of which is owned by one or more Female Americans; and Whose general management and daily business affairs and essential productive operations are controlled by one or more Female Americans; and Which has been certified by the Supplier Development and Diversity Division as a minority business enterprise pursuant to Division 6 of this Subtitle.

Unless otherwise indicated, this Subtitle shall be liberally construed and applied to promote the underlying purposes and policies specifically enumerated herein. The underlying purposes and policies of this Subtitle are, among others, to: Facilitate the timely delivery of quality public services; Provide for public confidence in the procedures followed in public procurement; Ensure the fair and equitable treatment of all persons who deal with the procurement system of this County; Simplify, clarify, and modernize the law governing procurement by this County; Permit the continued development of procurement regulations, policies, and practices; Provide economy in County procurement activities and to maximize to the fullest extent the purchasing power of the County; Promote and encourage full and active participation of the Minority Business Enterprise community in the procurement system of the County; and Provide safeguards for the maintenance of a procurement system of quality and integrity.

All rights, powers, duties, and authority relating to the acquisition of supplies, construction, services, printing, and insurance now vested in or exercised by any County agency under the several statutes relating thereto, are the responsibility of the Purchasing Agent as provided herein. General Powers of the Purchasing Agent. The Purchasing Agent shall have power and authority over, and shall adopt regulations consistent with this Subtitle, governing the procurement services, construction, insurance, and other items required to be procured by the County. No agency shall, during any fiscal year, expend or contract to expend any money or incur any liability or enter into any contract which by its terms involves the expenditure of money for any purpose in excess of the amounts appropriated or allotted for the same general classification of expenditure in the budget for such fiscal year, or in any supplemental appropriation as hereinabove provided; and no such payment shall be made nor any obligation or liability incurred. Except as provided herein or pursuant to authorization by executive order of the County Executive, it shall be unlawful for any County official, elected or appointed, or any employee or person to make, amend, modify, suspend, or terminate any contract or letter contract governed by this Subtitle on behalf of the County other than through the Purchasing Agent; and any such purchase, contract, or letter contract made or changed contrary to the provisions hereof may be declared void by the County.

The Purchasing Agent shall have the following specific authorities and responsibilities: To sign contracts and agreements for all supplies, services, and construction for which payment, in whole or in part, is to be made out of County funds; To establish and maintain, after consultation with the appropriate County officials, a program for the development and use of procurement specifications and standards for all supplies, materials, and equipment and the inspection and testing of all supplies, services, and construction to insure compliance with such specifications and standards; To establish and maintain a system of requisitions and receipts concerning the furnishing of supplies, services, and construction to County agencies; To participate in joint or cooperative procurement with other public jurisdictions; To maintain records and reports of all procurement activities of the County; To delegate limited procurement authority to County employees, to include Office of Procurement staff and external agency personnel, pursuant to procedures issued by the Purchasing Agent as may be deemed necessary for the efficient operation of the County's purchasing program; To appoint procurement officers who shall be employees selected in accordance with Subtitle 16 of this Code; To appoint a contract review committee as defined by the regulations; and The review of and decision on contract claims arising under Section 10A-107. The review of and decision on Emergency Procurements.

The Purchasing Agent is hereby empowered to issue such procurement regulations and procedures as the Purchasing Agent may deem necessary or appropriate to implement any provision of this Subtitle. Except as otherwise expressly provided in this Subtitle or otherwise required by law, any procurement regulation or procedure issued by the Purchasing Agent shall take effect at such time as designated by the Purchasing Agent and shall be binding upon all persons. Except as otherwise provided under Division 6, Subdivision 1 of this Subtitle, regulations shall be recommended by the Purchasing Agent for approval by County Council resolution governing the following to carry out the purposes of this Subtitle: Sole source procurements; Emergency procurements; and Special circumstance procurements. Amendments to any approved rule or regulation on any matter governed by Subsection (b) may only be recommended by the Purchasing Agent to the County Council for its approval by resolution. Notwithstanding this Section, on an annual basis, the Purchasing Agent shall evaluate the need for amendments to any approved rule or regulation. Such determinations shall be reviewed and approved by the County Executive or designee and submitted to the County Council. Any modification to the procurement process involving any type of procurement through means such as a memorandum or interim regulation shall require written notice to the County Council. The Purchasing Agent, or their designee, shall conduct investigations for the purposes of ensuring compliance with the procurement regulations and procedures set forth in Subsection (a) by all Contractors, and take action pursuant to Section 10A-151. Simplified Procurement Procedures. For procurements determined to involve commercial products or commercial services (as defined in Section 10A-101), the County shall apply streamlined solicitation procedures and contract terms. Specifications shall favor performance or function-based descriptions over detailed design or excessive technical specificity, when commercial items or services can satisfy the requirement. Procurement of commercial products/services may allow fewer formalities: abbreviated solicitations, more rapid turnaround, and simplified evaluation criteria or documentation, consistent with fairness and County law. Misuse of commercial acquisition procedures, including misclassification of non-commercial requirements as commercial to avoid required procedures, failure to conduct required market research, or inclusion of unnecessarily burdensome contract clauses, may subject the procurement to corrective review. Market Research Requirement. Market research should be conducted for all procurements. The results of such market research shall be documented and maintained with all contract files and purchase card records. Acceptance, Warranty, and Termination. For commercial procurements, contract terms for acceptance, warranty, and termination may follow customary commercial practice unless the County determines that additional protections are required due to risk, urgent need, or public interest. Training and Guidance. The Purchasing Agent shall develop and make available guidance materials and provide training for County procurement staff in applying commercial acquisition principles, including how to make commercial determinations, conduct market research, prepare performance-based specifications, and tailor contract terms and requirements. Micro-purchases. For purchases not exceeding the micro-purchase threshold (as defined in Section 10A-101), County agencies may employ minimal formality procedures, including the use of purchase cards and written quotes while maintaining accountability. Such regulations shall include appropriate requirements for County-based small business and minority business participation but shall not require competition.

Each determination or decision on any matter required by the provisions of this Subtitle to be in writing shall be based upon written findings of the Procurement Officer or the Purchasing Agent making the determination or decision and shall be retained in the official contract file. Every bidder or offeror shall be given written notice of the procurement award, from the responsible Procurement Officer or the Purchasing Agent pursuant to Sections 10A-112, and 10A-113 of this Subtitle within seven (7) calendar days after procurement award. No later than forty-five days after an award is fully executed, an unsuccessful bidder or offeror, upon written request to the Purchasing Agent or the responsible Procurement Officer, is entitled to a post-award debriefing for a procurement awarded pursuant to Section 10A-112 or 10A-113 of this Subtitle. The responsible Procurement Officer or the Purchasing Agent shall make a good faith effort to schedule such a debriefing within forty-five (45) calendar days after receipt of the written request for debriefing, provided that the responsible Procurement Officer or Purchasing Agent may schedule the debriefing beyond forty-five (45) calendar days of the request to accommodate a large number of concurrent requests. All notices of award decisions for procurements subject to Sections 10A-112 or 10A-113 of this Subtitle shall contain a notice informing bidders or offerors of the right to a debriefing in accordance with the time constraints of this Section. No request for debriefing may be granted prior to the issuance of a fully executed contract awarded as defined in Section 10A-101 of this Subtitle. The Purchasing Agent may adopt regulations, subject to approval of such regulations by resolution of the County Council, to further implement this Section. The Purchasing Agent may also require vendors to register with the County's enterprise resource planning (ERP) system to facilitate compliance reporting and general data management.

All disputes concerning any decision by the Purchasing Agent and protests of bidders or offerors shall be timely submitted in writing to the Purchasing Agent and resolved in accordance with regulations to be issued by the Purchasing Agent consistent with this Section. The determination of the Purchasing Agent on any dispute, after compliance with said regulations, shall be made in writing. The Purchasing Agent shall designate a contract administrator for all contracts. The contract administrator shall be independent and not otherwise involved in the sourcing contract award or contract management of the subject contract to be administered. Any claim or dispute arising under a contract shall be submitted in writing by the contractor to the contract administrator for a decision. Within seven (7) days of receipt of the claim or dispute, the contract administrator shall advise the contractor that an informal hearing will be held within thirty (30) days, or that the contract administrator will make a final written decision on the record within sixty (60) days for claims or disputes valued under $10,000, or within ninety (90) days for claims or disputes valued over $10,000. If an informal hearing is held, the contract administrator shall render a final written decision on a claim or dispute valued under $10,000 within sixty (60) days after the hearing, and for claims or disputes valued over $10,000 within ninety (90) days after the hearing. The written decision of the contract administrator shall contain findings of fact. The failure to render a final written decision within the time periods set forth above may, at the discretion of the contractor, be treated as a denial of the claim or dispute and is a final decision for purposes of appeal. The contractor may appeal the final decision of the contract administrator to the Purchasing Agent. The appeal must be filed in writing with the Purchasing Agent within thirty (30) days after receipt of the contract administrator's final decision. The written appeal must be filed in accordance with regulations established by the Purchasing Agent. After a review of the information submitted to the contract administrator, the final written decision of the contract administrator, and the contractor's written appeal, the Purchasing Agent shall decide the appeal on the record, in writing, for claims or disputes valued under $100,000 within ninety (90) days after receipt, and for claims or disputes valued over $100,000 within one hundred twenty (120) days after receipt, stating all findings of fact. The failure of the Purchasing Agent to render a final written decision within the time limits provided herein may, at the discretion of the contractor, be treated as a denial of the claim and is a final decision for purposes of appeal. The contractor may appeal the final decision of the Purchasing Agent to an independent hearing examiner, who will hear the appeal on the record, or appeal directly to the Circuit Court for Prince George's County, Maryland. The independent hearing examiner shall make written findings of fact. The decision of the independent hearing examiner may be appealed to the Circuit Court by any party to the appeal. Any appeal to the Circuit Court shall be on the record pursuant to the Maryland Rules of Procedure concerning administrative appeals. Any party to the Circuit Court proceeding may appeal the decision of the Circuit Court to the Court of Special Appeals of Maryland, pursuant to the Maryland Rules of Procedure. Notwithstanding any time requirements provided in this Section, the parties to a contract may agree to extensions of such time requirements.

Unless otherwise ordered by the Purchasing Agent, the acquisition of the following supplies and services shall not be subject to Divisions 2, 6, and 7: Regulated public utilities; Supplies for resale to the public; Works of art for museum and public display; Published books, maps, periodicals, newspapers, and technical pamphlets; Recreational lands and rights-of-way; Conference, seminar, and training fees; Visiting speakers, professors, and performing artists; Acquisition of interests in real property; Memberships, dues, and fees for conference and seminars and associated or similar expenses; Training courses and materials provided by accredited institutes of learning; Construction projects meeting the requirements of Division 6, Subdivision 2, of this Subtitle; Employee relocation; Experts or specialists employed under Section 902 of the Charter; Grants; Employment Contracts. Purchases that do not exceed five thousand dollars ($5000). Services or goods that are to be provided by another government agency or government. Media (broadcasting and publishing) Venue Rentals The Purchasing Agent determines that competitive solicitation procedures are not applicable to the requirements or are impracticable for the particular supplier and/or services. This Section does not excuse compliance with the basic policy of obtaining maximum competition consistent with the needs of the occasion, to the end that all purchases will be made in the best interest of the County, supplier diversity, price, and other factors considered. All purchases pursuant to this Section should consider preference for county-based small business, county-based business, County-based minority business enterprise and County-located business. This Subtitle does not apply to any procurement or contract to the extent of any conflict with: A Federal or State law, regulation, assistance instrument, or other requirement governing the procurement or contract; or The terms of any grant to the County.

To facilitate the missions and objectives of using agencies, the Purchasing Agent shall maintain a close and cooperative relationship with all agencies which use the supplies or services resulting from contracts entered into pursuant to this Subtitle.

No officer or employee of the County, whether elected or appointed, shall in any manner whatsoever be interested in, or receive any benefit from, the profits or emoluments of any contract, job, work, or service for the County. No such officer or employee shall accept any service or thing of value, directly or indirectly, upon more favorable terms than those granted to the public generally from any person, firm, or corporation having dealings with the County; nor shall he receive, directly or indirectly, any part of any fee, commission, or other compensation paid or payable by the County unless exempted by the provisions of the Charter of Prince George's County. Any contract made in violation of this provision may be declared void by the County Executive or by Resolution of the Council. The Purchasing Agent may issue policies in furtherance of the intent of this Section. In furtherance of this provision, all invitations to bid and written quotation requests, formal or otherwise, shall include the following provisions: "Upon the request of the Purchasing Agent, as a prerequisite for the payment pursuant to the terms of this contract, there shall be furnished to the County a statement, under oath, that no member of the elected governing body of Prince George's County, or members of his or her immediate family, including spouse, parents or children, or any person representing or purporting to represent any member or members of the elected governing body has received or has been promised, directly or indirectly, any financial benefit, by way of fee, commission, finder's fee, political contribution, or any other similar form of remuneration and/or on account of the acts of awarding and/or executing the contract and that upon request by the County, as a prerequisite to payment pursuant to the terms of this contract, there will be furnished to the requester, under oath, answers to any interrogatories related to a possible conflict of interest as herein embodied. Any contract made or entered into where it is discovered that violation of the intent of this provision exists shall be declared null and void and all monies received by the contractor shall be returned to the County." "Whenever any person shall be convicted of falsely executing a statement under oath, as required above, such person shall be deemed guilty of a misdemeanor and upon conviction, shall be subject to a fine not exceeding One Thousand Dollars ($1,000.00) or imprisonment not exceeding six (6) months, or both such fine and imprisonment."